Dan Lanciloti is a Partner in the Litigation Practice Group. Dan focuses his practice on matters involving non-competition, non-solicitation, non-disclosure and invention assignment covenants, trade secret misappropriation, breach of contract, breach of fiduciary duty, breach of the federal Computer Fraud and Abuse Act (CFAA), employee raiding, common law unfair competition, and other related matters. Dan's practice involves every aspect of client representation in these areas of the law, including defending and prosecuting litigation in state and federal courts and before arbitration panels located throughout the country.
Dan also has extensive experience drafting non-competition, non-solicitation, non-disclosure and invention assignment restrictions, counseling clients on employee post-employment obligations and enforceability issues, drafting and conducting audits designed to assess how well clients are protecting their human and intellectual capital, and advising clients on best practices to protect those interests.
In representing clients in restrictive covenant/trade secret lawsuits, Dan has prosecuted and defended numerous cases seeking expedited injunctive relief, including motions for temporary restraining orders and preliminary injunctions, in a variety of industries including, but not limited to, securities, financial services, transportation, food services, healthcare, consulting, software development, manufacturing, and insurance. Dan has also successfully tried jury and bench trials to verdict in employment discrimination and complex commercial litigation matters pending in the United States District Court for the Northern District of Illinois and in Illinois state court.
Prior to joining Freeborn, Dan was a Partner in the Chicago office of Seyfarth Shaw LLP and a member of Seyfarth's Trade Secrets, Computer Fraud and Non-Competes Practice Group.
Dan also served as an Illinois Assistant Attorney General in the General Law Bureau where he represented Illinois state agencies and their employees in a variety of civil litigation matters pending in federal court, Illinois state court, the Illinois Court of Claims, and before various administrative agencies.
Represented high-level recruiting executive in an arbitration brought by his former employer who terminated the executive and sought to avoid paying him several million dollars in severance payments and other benefits that were provided for in his employment agreement. Employer brought claims for breach of contract, breach of fiduciary duties and misappropriation of trade secrets and claimed that client was terminated "for cause" and therefore, employer was not required to pay the severance and other benefits set forth in his agreement. We filed a counter-claim on behalf of the executive seeking damages for breach of contract and asserting that the executive was terminated "without cause" and therefore, severance was due and owing. After conducting the bulk of the depositions, we were able to negotiate a favorable resolution for the client.
Lead trial counsel for corporate client that provides consulting services in the healthcare and pharmaceutical industries. Prosecuted breach of contract claims (non-solicitation and non-disclosure) against two former high-level executives and several other employees who left client's employment and started competing company. After conducting depositions of key witnesses in preparation for the preliminary injunction hearing and obtaining critical testimony regarding a former employee's misappropriation and use of the client's confidential business information, we were able to negotiate a very favorable settlement for the client.
Lead trial counsel defending search engine marketing company in a lawsuit brought in Illinois state court by a former employee and high-level executive involving claims and counter for breach of contract, breach of fiduciary duty and violation of the Illinois Business Corporations Act. We filed counter-claims against the former executive in the state court proceeding for breach of contract and breach of fiduciary duties and filed a claim in federal court for violation of the Computer Fraud and Abuse Act. After executive lost his motion to dismiss the federal court action, we negotiated a very favorable settlement for our client.
Lead trial counsel defending high-level software executive in a non-competition action brought by former employer in Illinois state court seeking to prohibit client from working for a competitor. Successfully defeated employer's motion for temporary restraining order and then successfully obtained the dismissal of the employer's complaint against client.
Represented packaging company as lead trial counsel in non-competition, non-solicitation, non-disclosure and trade secret matter pending in federal court and successfully obtained a temporary restraining order against two former sales employees who violated their post-employment obligations owed to our client. After obtaining the TRO, negotiated a very favorable settlement for client that included activity restrictions, return of trade secrets and confidential information and a six-figure monetary payment to our client.
Lead trial counsel for corporate client that owns and operates funeral homes and cemeteries throughout the country in breach of contract action brought against property developer. First-chaired a three day bench trial in Illinois state court and obtained $1.7 million dollar verdict against the developer.
Lead trial counsel on a week-long employment discrimination and retaliation jury trial that took place in the United States District Court for the Northern District of Illinois and obtained a complete defense verdict in favor of well-known hospital client.
Honors & Awards
Honors & Awards
- Illinois Leading Lawyers - 2020 (cited in multiple years)
- Co-presenter, "Negotiating NDAs Between Customers and Suppliers," Intellectual Property Owners Association IP Chat Channel webinar, November 2014.
- Author, "You Don't Know What You've Got 'Til It's Gone: Part 2: Agreements to Protect your Intellectual Property and Human Capital," Freeborn & Peters LLP (August 2014).
- Chapter co-author, "Restrictive Covenant and Post-Employment Restraints," IICLE Press Handbook Intellectual Property Law 2013 Edition.